DURHAM — The crime more than a year ago was
shocking and the penalty Monday was severe. A jury has found Todd Boggess
guilty as charged.

In August 1995, 17-year-old honor student Danny Pence was murdered in
Durham County. Now convicted of committing that murder, Boggess could face
the death penalty.

Sharlene Pence,the victim's mother says this isn't closure for her, but
it is the right verdict.

Boggess was found guilty on charges of first-degree murder, kidnapping,
robbery with a dangerous weapon, and obtaining property by false pretense.

Brian Aus, Boggess' attorney, says he's hoping the jury will not decide on
the death penalty, given Boggess' history of abuse as a child.

Sharlene Pence says nothing will change for her, regardless of the
outcome.

Durham County jurors deliberated less than five hours over two
days before finding Todd Charles Boggess guilty in the death of
17-year-old Daniel Lee Pence.

The sentencing phase of the trial was scheduled to begin today.

Jurors will have to decide whether to sentence Boggess, 21, to
death of life in prison without parole for Pence's murder.

District Attorney Jim Hardin Jr. said after the verdict Monday
that in seeking a death sentence, he will present evidence about
the impact of Pence's death on his family.

Over defense objections, Judge Orlando F. Hudson ruled that
such
evidence is admissible.

``Apparently the North Carolina Supreme Court will allow the
state some ability to bring humanity to the victim,'' the judge
said.

Hudson also said that - at the request of defense lawyers -
statements of a co-defendant in the case probably will come under
jury review for the first time during the sentencing phase of
Boggess' trial. The co-defendant is Melanie Gray of Durham, who was
14 at the time she allegedly participated in the crimes.

The victim's family considered the ordeal over, regardless of
what the jury decides should be Boggess' fate.

``It's rather bittersweet,'' Sharlene Pence, the victim's
mother, said after the verdict. ``I'm leaving the death penalty up
to God. This is justice for Danny. He's not here, but he knows.''

Jurors also found Boggess guilty of obtaining property by false
pretenses. Boggess' mother, Linda Boggess, rushed sobbing from the
courtroom, making no comment.

Pence was kidnapped at Wrightsville Beach on Aug. 22, 1995 and
his battered body was found in the woods in northern Durham County,
police said.

Prosecutors contended Boggess and his girlfriend, Gray,
abducted
and then killed Pence after pretending they wanted to buy his 1987
Ford Mustang.

Gray also is charged in the death but has not been tried.
Because of her age, she will not face the death penalty.

During closing arguments in Boggess' trial Friday, Hardin said
the defendant had a ``delight in cruelty'' as he fatally beat Pence
with a rock, a board and his fists.